Search Results for "maritime claims"

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Search Results for "maritime claims"

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High Court

High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

21 Jan 2026

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

High Court

Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

9 Jun 2014

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

11 Jan 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

High Court

High Court of Judicature at Bombay Addresses Requirement of Leave Under Section 446 of Companies Act, 1956 and Applicability of IBC Moratorium in Admiralty Proceedings. Court Considers Whether Admiralty Suits Are Affected by Company Liquidation Under Section 446 of Companies Act, 1956 and Moratorium Under Section 14 of Insolvency and Bankruptcy Code, 2016 in Light of Competing Claims of Maritime Creditors and Operation of Insolvency Law.

19 May 2020

The proceedings arose from multiple admiralty suits filed before the High Court of Judicature at Bombay, wherein orders of arrest of defendant vessels...

High Court

Bombay High Court Allows Works Contractor's Petition Challenging MVAT Assessment on Offshore Platform — Transfer of Property Occurred Outside State of Maharashtra. The court held that the State of Maharashtra lacks jurisdiction to levy tax under the MVAT Act on goods transferred in execution of a works contract on an offshore platform located in the exclusive economic zone, as the transfer of property took place outside the State.

15 Jun 2022

The petitioner, HAL Offshore Ltd., a public limited company and works contractor, challenged an assessment order passed under the Maharashtra Value Ad...

High Court

Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

19 Oct 2015

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

High Court

High Court of Judicature at Bombay Adjudicates Section 9 Petition Seeking Interim Measures in Commercial Arbitration Dispute. The petition pertained to disputes between maritime entities and sought urgent interlocutory reliefs pending constitution of the arbitral tribunal.

2 Apr 2025

The High Court of Judicature at Bombay heard a Commercial Arbitration Petition (L) No. 7499 of 2025 filed by Alphard Maritime Ltd. against Samson Mari...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

21 Dec 2016

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

High Court

Bombay High Court Allows Attachment of Assets in Summary Suit for Unpaid Freight and Demurrage — Plaintiff Granted Injunction Against Sale of Iron Ore Cargo and Direction to Furnish Security Under Order XXXVIII Rule 5 CPC. Court Held That Where Defendant Is Likely to Dispose of Property to Defeat Decree, Court May Direct Security or Attachment.

10 Jan 2013

The plaintiff, SJJ Marine Pte Ltd, filed a summary suit against Pisces Exim (India) Private Limited (Defendant No.1) and another (Defendant No.2) for ...

High Court

Bombay High Court Allows Referral of Admiralty Suit to Arbitration Under Section 45 of Arbitration and Conciliation Act, 1996 — Arbitration Agreement Enforceable Despite Admiralty Claim. The court held that the existence of an arbitration agreement between parties mandates referral of the dispute to arbitration, and the admiralty suit cannot proceed in court.

6 Jul 2005

The judgment concerns two arbitration petitions filed under Section 45 of the Arbitration and Conciliation Act, 1996, seeking referral of an admiralty...

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